Administrative Agency Constitutional Law Consumer Protection

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
News & Analysis as of

Food and Beverage News and Trends

Vermont AG defends the state’s GMO statute. On August 8, the Vermont attorney general filed a motion to dismiss a case brought by food trade groups against the state’s newly enacted statute requiring GMO foods be...more

Will Feds Step Onto the GMO Playing Field?

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such...more

Circuit Court Largely Rejects Challenges To SEC Conflict Mineral Rules

The SEC largely prevailed in the D.C. Circuit Court of Appeals in a suit changing the Rules promulgated by the agency under Dodd-Frank regarding conflict minerals. National Association of Manufacturers v. SEC, No.. 13-5252...more

Food Litigation Newsletter - January 23, 2014

In This Issue: - Recent Significant Developments and Rulings ..Court Denies Class Certification in Class Action Suit Against Ben & Jerry’s ..FDA Declines to Revise Policy on “Natural” Food Labels ..Court...more

New FTC Commissioner Prioritizes Transparency in Enforcement

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more

Are the CFPB and Richard Cordray’s appointment Constitutional?

The programming at the ABA Consumer Financial Services Committee meeting included an excellent panel discussion addressing whether the creation of the CFPB and the appointment of Director Richard Cordray were Constitutional....more

DOJ files amicus brief supporting plaintiff in Eighth Circuit standing case

Earlier this week, we wrote about Charvat v. First National Bank of Wahoo, a case pending before the Eighth Circuit that raises the question whether a plaintiff has Article III standing to sue for an alleged statutory...more

Important standing case before Eighth Circuit

Among the more interesting developments discussed in our webinar last week on the CFPB’s amicus program was the appeal currently pending before the Eighth Circuit in Charvat v. First National Bank of Wahoo, a case that raises...more

CFPB moves to dismiss case challenging Director Cordray’s recess appointment

The CFPB has filed a motion to dismiss in State National Bank of Big Spring, Texas, et al. v. Geithner, et al., the case currently pending in federal district court in Washington, D.C. that includes a challenge to President...more

State AGs Challenge Legality of New Dodd-Frank Regulatory Group

Three states have joined a lawsuit to challenge the constitutionality of the Financial Stability Oversight Council (FSOC), a Dodd-Frank-created regulatory body headed by the Treasury secretary. The panel, composed of top...more

The Fight Over the Use of Eminent Domain to Seize Underwater Mortgages: Recent Updates

The latest developments in the fight over the use of eminent domain to seize underwater mortgages in California and elsewhere have important implications for lenders nationwide. The debate over the use of eminent domain...more

Three State AGs Join Challenge to Dodd-Frank Act and CFPB Appointment

On September 20, the Attorneys General (AGs) of Michigan, Oklahoma, and South Carolina joined an earlier-filed lawsuit in the U.S. District Court for the District of Columbia that challenges aspects of the Dodd-Frank Act,...more

The Consumer Financial Protection Bureau Is Challenged as Unconstitutional

This past Thursday, June 21, 2012, the State National Bank of Big Spring (“National Bank’”), the Competitive Enterprise Institute (“CEI”), and the 60 Plus Association, Inc. (“the Association”), filed suit against the Consumer...more

Bold Lawsuit Challenging the Constitutionality of the CFPB, the FSOC, and the Appointment of Director Cordray Suffers from...

Last Thursday, amidst an inordinate amount of deliberately sought publicity, a lawsuit was filed challenging the constitutionality of the CFPB itself, of the Financial Stability Oversight Council (FSOC), as well as that of...more

CBb 2 april 2012, JB 2012/133 m.nt. S.M.C. Nuyten en H.P. Wiersema

Deze beslissing en de hiervoor gepubliceerde beslissing van het CBb (12 oktober 2011, LJN: BW0616, gepubliceerd onder nr. 136) zien beide op de toepassing van artikel 8:29 Awb. KPN stelde beroep in bij het CBb tegen een...more

CFPB joins DOJ brief defending constitutionality of FCRA

The CFPB’s participation in a memorandum brief filed by the Department of Justice in support of the constitutionality of a provision of the Fair Credit Reporting Act is the most recent example of the CFPB’s activist approach....more

FTC, CFPB, DOJ File Brief in Suit Challenging FCRA Constitutionality

On May 8, the FTC announced that it had joined the CFPB and the DOJ to file a brief supporting the constitutionality of the Fair Credit Reporting Act (FCRA). The brief was filed in a lawsuit in the U.S. District Court for the...more

Fruit Juice MDL Court Dismisses Claims

The Massachusetts federal court overseeing multidistrict litigation against 11 beverage companies, including Coca-Cola Co. and Del Monte Corp., alleging that their fruit juices contained trace amounts of lead, dismissed the...more

Electronic Funds Transfer Act: Class Actions Surge Highlighted by Recent Cases

The Electronic Funds Transfer Act, 15 U.S.C. § 1693 et seq. (EFTA), and its regulations promulgated by the Federal Deposit Insurance Corporation (FDIC), Reg E, 12 C.F.R. sect; 205.16, require, in relevant part, that banks...more

Mexico Passes Class Action Legislation

Readers with connections to Mexico may wish to take note that in March, 2012, enabling legislation will take effect permitting class action litigation in this southern neighbor. While Mexico’s Consumer Protection Law had...more

Informal case research

Law 1053 Human Rights Study Log

This is an ongoing informal project for my human rights module, it will be accompanied by a short essay for the purposes of coursework submission. The first part will be completed in the first term and in the second term this...more

Commento di Nicola ad articolo di Luisa Grion su la Repubblica

Il copay che può far bene alal sanità e al Federalismo (di Nicola C. Salerno) data = 20 Dicembre 2010...more

Illinois Supreme Court Allows Petitions for Leave to Appeal in Eight New Civil Cases

Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Sheffler v. Commonwealth Edison Co., 399 Ill.App.3d 51 (1st Dist., 2010), which involves the question of...more

National Cable & Telecommunications Association v. Federal Communications Commission and United States of America

Decision Denying Respondents' Petition For Judicial Review

Federal Appeals Court Upholds Opt-In Privacy Rule for Telephone Services. On February 13, 2009, a federal court in the District of Columbia upheld telephone privacy regulations that require phone companies to obtain...more

National Cable & Telecommunications Association v. Federal Communications Commission and United States of America

Brief for Privacy & Consumer Organizations, Technical Experts and Legal Scholars as Amici Curiae In Support of Respondents Urging...

EPIC, Privacy Groups, Technical Experts, and Legal Scholars Support Opt-In for Telephone Services. EPIC filed a “friend of the court” brief on May 6, 2008 in federal appellate court urging support for opt-in safeguards...more

28 Results
|
View per page
Page: of 2

Follow Administrative Agency Updates on: